Modernization of patient rights on the way

The current Patients' Rights Act dates from 2002. Due to a rapidly changing society, this current law no longer meets today's healthcare challenges. A new draft was therefore proposed in early March by Health Minister Frank Vandenbroucke. This draft attempts to adapt patient rights to modern society. In this draft, the patient is given an active role in which a goal-oriented approach is put first.

In addition, it provides for the expansion of some rights including the right to information and the informed consent. The main innovations are the introduction of the prior care planning(1) as well as providing a more central role for the patient's loved ones (2).

In this article, we provide an overview of the main changes, as included in the bill. For a detailed account of the current Patients' Bill of Rights, please refer to our website:

https://www.medischrechtspecialist.be/rechten-van-de-patient/

Current patient rights law

The current law is typified by the 7 key principles:

Right to quality service provision
Right to a free choice of health care provider
Right to information about your health condition
Right to an informed, free consent
Right to a carefully maintained and securely stored patient record
Right to protection of your private life and intimacy
Right to file a complaint when your patient rights are violated

With the growth of science, there has been an enormous evolution of technical possibilities of treatments in recent years. Moreover, patients are paying more and more attention to their rights. With digitization, the accessibility of one's own patient record can no longer be thought away.

As a result of these developments, the 2002 law can no longer meet the expectations of this modernized society.

The bill's new approach: active role for the patient through three axes

The principles of the current law remain the same with provision for modification or expansion to provide for modern patient rights legislation.

The bill is structured around three axes:

Healthcare for the good of the patient;
Together with the patient and
By the patient.

Working with the patient: involving loved ones and rights for survivors

Currently, the focus is exclusively on the patient himself. The assistance of next of kin or the rights to access the patient's records of the next of kin in the event of a patient's death has barely been addressed in current legislation.

The draft law has provided some extensions for this purpose. Moreover, it aims to make these rights flexible and accessible by creating an online patient portal. For the patient, this should make exercising his rights easier. For the physician, this should make consulting a patient's choices easier.

Accordingly, the draft law indicates the following changes to comply with this:

A confidant: a patient's relatives are given a central place in the draft law. The assistance of a confidant is inscribed as a general right in the law. The confidant could be registered via the online patient portal. In addition, the patient can also be assisted, formally, by other next of kin.
A representative: A representative will act only when the patient is not (or no longer) able to exercise his/her patient rights himself/herself.
The relativesThe draft law grants the next of kin of a deceased patient more rights concerning the of the patient record. It does provide for a possibility to restrict access if necessary to protect the rights of the deceased patient.

Inspection or copying

By the patient: information and informed consent

Transparency in health care is one of the main pillars. The new draft provides for the expansion of some rights to enhance this objective.

Right to information: The starting point of the draft law is to make the provision of information as understandable as possible for the patient. Accordingly, provision is made to make complex information in writing provide so the patient can reread it.
Informed consent: Informed consent is divided into four articles:

(1) Right to informed consent;

(2) Right to informed refusal;

(3) The right to a prior expression of will;

(4) The presumed consent in case of emergency care.

Until April 18, 2023, the European Patients' Rights Day, people could give feedback on the draft law, and based on this, Minister Vandenbroucke plans to go to parliament with "the best possible draft.

Do you have any questions after reading this article or are you involved in a medical problem yourself? Contact one of our attorneys specializing in medical law. Your contact will, of course, be handled with discretion.